2023-12-13_ENFORCEMENT - C1982056

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Proposed Civil Penalty Assessment Twentymile Coal, LLC. / Foidel Creek Mine Violation No. CV-2023-001 (Issued November 21, 2023) Date of Proposed Assessment: December 13, 2023 Material reviewed: Colorado Division of Reclamation Mining and Safety’s (“DRMS” or “Division”) CV-2023-002 Notice of Violation (“NOV”) document, Twentymile Coal, LLC.’s (“TC”) response to NOV CV-2023-002 received on December 5, 2023, DRMS file for Technical Revision No. 92 (TR92), and the Permit Application Package (“PAP”) maps for the Foidel Creek Mine (Permit No. C-1982-056) approved on 2/8/2019 titled “WC 23, Wolf Creek Mine Plan Modification” and “Map #23B Wolf Creek Mine Plan”. Rule 5.04.5(3)(a) – History of Previous Violations No notice of violations have been issued within one year of the issuance date for CV-2023-002. Therefore no penalty will be assessed for this provision. Penalty assessed: $0 Rule 5.04.5(3)(b) – Seriousness Rule 2.04.4 requires an applicant to provide a description of the cultural and historic resources listed or eligible to be listed on the National Register of Historic Places and significant known archaeological sites exiting on the date of application within all areas proposed or likely to be affected by surface activities or planned or probable subsidence over the life of the mine. TC did not provide the required information at the time of application when TR92 was submitted. DRMS approved TR92 with the stipulation (ST67) that TC would complete a supplemental cultural resource survey for the expansion of panel 7 Right LW Panel 3 (7 East Panel) to satisfy the concerns/obligations of the Office of Archaeology and Historic Preservation prior to longwall mining in the affected area. Further, the survey was to be submitted to the Division in the form of a Minor Revision to be incorporated into the PAP prior to longwall mining in the area in question. Also, Rule 2.05.6(4) requires that any place listed on the National Register of Historic Places that may be adversely affected by the proposed operation be protected by implementing a plan to minimize or prevent those impacts. Rule 2.05.6(4) allows the Division to require an applicant to protect historical or archeological sites listed or those places eligible to be listed, as determined by the State Historic Preservation Officer (“SHPO”), on the National Register of Historic Places through appropriate mitigation and treatment measures. These rules and standards were designed so cultural and historic resources would first be identified and evaluated, and should any be found, appropriate protection and/or mitigation measures could be planned prior to affecting the area in question. TC had two opportunities to comply with these requirements, one at the time TR92 was submitted, and second prior to affecting the area in question by complying with ST67. In TC’s December 5, 2023 NOV response letter, they explain the area in question in the 7E Panel was primarily affected by subsurface room and pillar mining methods and only a small portion of this area was longwall mined resulting in a .6 foot to 3.2 foot deviation in ground surface. Previous archeological studies cited in the Foidel Creek Mine PAP page 2.04-9.3 found that limited projected changes in ground elevation from subsidence at the site would likely have negligible impact on buried cultural materials. However, without knowing if any surface or subsurface cultural and/or archaeological resources are located within the affected area, one can only speculate what impact subsidence would have on these resources and/or if any mitigation measures would have been appropriate. Given the small area in question with the NOV and the limited amount of subsidence TC reported, likely resulting in minimal surface impacts, the Division finds the seriousness of the violation to be low. Penalty assessed: $250.00 Rule 5.04.5(3)(c) – Fault This violation was a result of negligence. TC should have conducted a cultural and historic resource survey prior to the submittal of TR92. On February 15, 2019 the Division received the signed TR92 Decision Form where the authorized representative of TC signed and acknowledged ST67. Further, TC failed to comply with the stipulated approval of TR92 prior to affecting the area in question. Penalty assessed: $750.00 Rule 5.04.5(3)(d) – Good faith in achieving compliance One abatement step is required to be completed by December 21, 2023 for CV-2023-002. TC was required to complete a supplemental cultural resource survey for the expansion area of panel 7 Right LW Panel 3 (7 East Panel) to satisfy the concerns/obligations of the Office of Archaeology and Historic Preservation. The survey must be submitted to the